§ RULE 507 MISCELLANEOUS MATTERS

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RULE 507. MISCELLANEOUS MATTERS

    (a) A person upon whom these rules confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or a predecessor while holder of the privilege voluntarily discloses or consents to the disclosure of any significant part of the matter or communication, or fails to take reasonable precautions against inadvertent disclosure. This rule does not apply if the disclosure is itself a privileged communication.

    (b) Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if disclosure was

        (1) compelled erroneously or

        (2) made without opportunity to claim the privilege.

    (c)(1) Comment or inference not permitted. The claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.

        (2) Claiming privilege without knowledge of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.

        (3) Jury instruction. Upon request, any party against whom the jury might draw an adverse inference from the claim of privilege is entitled to instruction that no inference may be drawn therefrom.

        (4) Exception. In a civil action, the provisions of subparagraph (c) do not apply when the privilege against self-incrimination has been invoked.